NASEEM HAFEEZ Vs. STATE OF U P
LAWS(ALL)-2009-1-59
HIGH COURT OF ALLAHABAD
Decided on January 22,2009

NASEEM HAFEEZ Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Shashi Kant Gupta, J. - (1.) BY this writ petition the petitioner has prayed for a direction to the respondents to permit the petitioner to join forthwith as a Lecturer in the Government Girls Intermediate College, Shahjahanpur and to permit the petitioner to work till 30.6.2001 and further prayed for a direction to grant all the benefits of continuity of service from 1.7.1999 to 30.6.2001.
(2.) THE background facts in a nutshell essentially are as follows: THE petitioner was initially appointed as Assistant Teacher in Government Girls Intermediate College, Shahjahanpur (in short 'College') and according to the Govt. policy the petitioner was due to retire on 30.6.1999. On 6.5.1982 the State Govt. issued a G.O. providing that the teachers who have been awarded National or State Awards meant for the teacher will be entitled to get an extension of two years service after the retirement if they are found to be physically and mentally fit. On 1.9.1998 office of the respondent No. 2 telegraphically intimated the petitioner and 12 other teachers of the State that they have been awarded na tional award for teaching. On 5.9.1998 national award was conferred upon the petitioner by the Govt. of India. Although the petitioner was to retire on 30.6.1999 after attaining the age of superannuation but by that time no formal order for extension of her service in pursuance of the Govt. order dated 6.5.1982 was received.
(3.) PETITIONER on 1.7.1999 gave an undertaking that if she is permitted to work after 30.6.1999 then she would not claim any salary or other allowances etc. till formal orders in this regard are received. On 14.7.1999 the respondent No. 4 issued a certificate stating that the petitioner worked after 1.7.1999 in terms of her undertaking. The Additional Director of Education directed the Joint Director of Education to send more papers and on 3.8.1999 those papers were sent to him. When no further progress was made, petitioner on 11.3.2000 made a representation to the State Govt. for extension of her service and on 26.4.2000 petitioner requested the respondent No. 4 to forward her pension papers etc. as she was in dire necessity of money.;


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